USA Immigration & Visa

USA H1B Visa

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USA H1B Visa


About Visa:

USA H1B Visa is a work permit which is introduced by US Government to offer an opportunity and enable skilled international professionals and/or international students, from all over the world, the opportunity to live and work in the USA. One of the main advantages of the H1B visa is that it paves the way for USA Green Card.

Applicants who already have H1B visa or have a job offer from USA employer. The employer should apply for your H1B visa petition with the US Immigration Department.

Limit of H1B visa:

Total stay is limited to 6 years. Initial approval is for 3 years, which can be extended for increment of up to 3 years.

H1B - Re-Stamping:

A new stamping can be done in any other country at any American consulate, based on the H1B extension approval. 

Multiple Employers:

H1B aliens may work for more than one U.S. employer, but must have a Form I-129 petition approved by each employer.

Travel:

H1B visa can be a multiple entry visa, which allows a person to travel in and out of USA for any number of times, within the specified visa validity period.

Work:

H1B aliens may only work for the petitioning U.S. employer, and employer may place the H1B worker on the work site of another employer.

Vacation:

An H1B alien can go on vacations, sick/maternity/paternity leave or on strike.
There is no issue as long as alien is associated with the employer.

Family Status:

The spouse and unmarried children (under the age of 21) of H1B professionals are allowed to stay in the United States under the H4 category for the same duration as the H1B status.

Permanent Residence (Green Card):

An H1B holder is eligible to seek permanent residency to USA. 

Changing Employer?

H1B can be transferred to a new employer.
You can also start working for new employer upon the receipt of H1 transfer case.

Investments/Finance:

  • H1B visa holder can buy or sell real estate or any other property in USA
  • H1B visa holder can purchase lottery tickets
  • H1B visa holder can invest in the stock market as well.

Features:

  • The main advantages of the H1B visa is that it paves the way for USA Green Card

Requirements:

The H1B visa is issued for a specialty occupation, requires theoretical and practical application of a body of specialized knowledge and requires the visa holder to have at least a Bachelors degree or its equivalent.

The below documents would essential for candidates who visit consulate or embassy to get their visa stamped or for visa interview:

  • Valid passport (at least six months validity remaining) for each applicant
  • Photographs of each applicant (Photographs should be as per USA Immigration guidelines)
  • Original H1B approval notice
  • H1B visa petition application form
  • Labor Condition Application accepted by the Department of Labor
  • Support letter from your employer with information as prescribed by USA Immigration department
  • Original experience certificates from all your previous employers (if applicable)
  • Proof of your academic qualifications such as certified copies of your qualifications including university diplomas; mark sheets and any certificates you may have (if applicable)
  • Copy of applicant's resume
  • Personal bank records for the last six months

Note: Documents list may change as per Embassy or Consulate requirements.

Understanding the Requirements:

  • Requirement 1 -You must have an employer-employee relationship with the petitioning U.S. employer.
  • Requirement 2 - Your job must qualify as a specialty occupation.
  • Requirement 3 - Your job must be in a specialty occupation related to your field of study.
  • Requirement 4 - You must be paid at least the actual or prevailing wage for your occupation, whichever is higher.
  • Requirement 5 - An H-1B visa number must be available at the time of filing the petition, unless the petition is exempt from numerical limits.

For each requirement, we have included forms of evidence that you may submit to meet the requirement and other tips to help you prepare your petition. Click on the Official link provided.



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